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JHE HAYES LAW FIRM LLC <br /> RECEIVED <br /> Elliott R.Russell <br /> Environmental Protection Specialist �/ NOV a �016 <br /> Colorado Division of Reclamation, Mining and Safety 01ViSION OF RECLAMATION <br /> 1313 Sherman Street Room 215 MIMING AND SAFETY <br /> Denver, CO 80203 <br /> November 29, 2016 <br /> Via hand delivery and email at: Elliott.russell@state.co.us <br /> Re: ✓Response to Citizen Complaint(CT-02); Permit File No. M-1986-074 <br /> Dear Mr. Russell: <br /> This letter is being sent on behalf of Mr. Kym Schure, in response to your letter of October 31. <br /> Your letter referred to a complaint that had been submitted by Michael Holditch of Hurlbert& <br /> Associates LLC, attorneys for Deborah Hradecky, alleging that Mr. Schure is operating on the <br /> M-1986-074 permit without having a valid legal right to enter. Following is Mr. Schure's <br /> response to that allegation. <br /> 1. Mr. Schure gave a correction deed as Grantor to Wayne Gentry and Chris Gentry as joint <br /> tenants as Grantee on 19 June 1998. Mr. and Mrs. Gentry were Ms. Hradecky's <br /> predecessors in title. Mr. Schure reserved all minerals and mineral rights by that deed. <br /> Additionally, Mr. Schure expressly reserved the right to extract sand and gravel from the <br /> southernmost 25 yards of the property. A copy of that Correction Deed is attached for <br /> easy reference. <br /> 2. Ms. Hradecky and her husband Robert Hradecky acknowledged in a letter to the <br /> Colorado Department of Transportation dated September 14, 2012 that Mr. Schure is the <br /> owner of the mineral rights in their property. In that letter Ms. and Mr. Hradecky stated <br /> that: <br /> "...Robert and I own the property, but Mr. Schure owns the mineral rights to the <br /> property.....As the mineral rights owner, Mr. Kym Schure retains the sole discretion <br /> and authority regarding any/all negotiations, decisions and benefits of the <br /> Dollerschell Pit. This authority includes but is not limited to the rights of <br /> access/ingress and egress, any/all materials within the land extending to the <br /> property boundary lines and the sole right to enter into any/all contracts and <br /> agreements related to the described mining area." <br /> 1580 LINCOLN STREET, SUITE 1280 DENVER, CO 80203 <br /> 303.860.1800 TEL 720.484.3730 FAX I CHAYESPHAYESLAWFIRMLLC.COM <br />